(영문) 청주지방법원 충주지원 2019.05.17 2018고단770

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 충주지원 2019.05.17 2018고단770

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall exchange or re-purchase tangible or intangible results obtained through the use of game products for business purposes.

Nevertheless, from March 15, 2018 to August 27, 2018, the Defendant operated a game site in the name of “C” in the Chungcheong-gun B, the Defendant: (a) installed a total of 100 units, including 20 units of the “C&W” game machine; (b) 20 units of the “Symnas” game machine; (c) 30 units of the “Symnas” game machine; and (d) 30 units of the “Symnas” game machine; and (b) provided them to unspecified customers; and (c) exchanged the remaining points after deducting 10 to 20% of the points obtained by the customers using the said game product in cash.

Accordingly, the defendant was engaged in exchanging tangible and intangible results obtained using game products as a business.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Examination protocol of the accused by prosecution;

1. - Cropic video CDs;

1. -general game providing business operators' licenses;

1. Each statement of E and F;

1. Protocols of seizure and list of seizures (Evidence Nos 20, 21);

1. - Inventory (Evidence List Nos 39) - [Attachment 39] - The defendant recognizes the fact of the exchange, but does not operate the game room in order to make the exchange but does not operate it for business purposes. Whether the exchange is a business or not shall be determined according to social norms by comprehensively taking into account all the circumstances such as the continuity of the act, the purpose, size, collection period, and attitude of the act, and the purpose, size, and the amount of the act, and the manner of the act, and may be recognized as a business of making the exchange as a continuous intention. Even when considering the defendant's assertion that the exchange was not for business purposes, the fact that the exchange was made several times in the game room of this case (the police interrogation protocol against D and the prosecutor of the defendant against the defendant).

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